ATTORNEY NEWSLETTER
Court-Appointed Fiduciaries Wield Great Power
Potential for Abuse of Power
Court-appointed conservators and other fiduciaries (such as guardians or trustees) wield enormous power over the dependent individuals and properties they are appointed to manage and protect. Court appointments supersede earlier Powers of Attorney, trustee nominations and the like and the appointed fiduciary is in complete control. Unfortunately, the system has real faults: reported abuse of power, conflicts of interest, lack of court supervision, cronyism, mismanagement, dereliction of duty, and inappropriate delegation of duty all fail the best interests of the person needing the protection. Even when the system functions properly, appointments are costly and the conservatee’s assets become part of the public record. You can learn more about conservatorships on our website here: https://www.evanslaw.com/faq/conservatorships-and-guardianships-what-are-they/
Despite defects in the system and costs, sometimes appointments are the only alternative when a senior is incapable of managing his or her affairs. You need a lawyer who can help you achieve an effective conservatorship and avoid the pitfalls. The California and Alameda County probate and financial elder abuse attorneys at Evans Law Firm, Inc. have that experience. We represent seniors and other dependent adults needing conservatorships or other court-appointed fiduciaries to manage personal or trust affairs and we know how to monitor those conservatorships or trusts to ensure they work in the dependent adult’s best interests. If you or a loved one need that kind of help, call us today at (415)441-8669.
Our attorneys can also help if a conservator or other court-appointed fiduciary has acted against the ward’s best interests. Our attorneys know the legal and professional standards to which appointed fiduciaries are held and can identify cases where those standards are not being met and the dependent adult is harmed. If the fiduciary has committed wrongdoing we can pursue all remedies available to the aggrieved elder including removal of the fiduciary, damages, and attorneys’ fees and costs for victims of any financial elder abuse.
Contact Us
Our experience is broad: we can help you and your family petition for conservatorships where advisable or litigate against any fiduciary who has breached his or her obligations. If you or a loved one has been a victim of a breach of fiduciary duty by a trustee in Alameda County or elsewhere in California or, contact Ingrid M. Evans and the other Evans Law Firm probate, trusts and financial elder abuse attorneys at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex securities cases, arbitrations, and mediations; and complicated financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We also handle cases involving physical and financial elder abuse, other types of qui tam and whistleblower cases, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
